Terms & Conditions
This website is owned and operated by Opus Fresh Apparel Co. a New Zealand owned company having its office at 57 Miro Street, Ohakune. By accessing and/or using this website you accept these terms and conditions. We may amend these terms and conditions from time to time. If we make amendments we will publish the amended terms and conditions on this website. Your continued use of the website after such amendment will constitute your acceptance of the amendments.
All prices in are in New Zealand currency and include GST. Prices can be viewed in AUD, CAD, EUR, GBP or USD. However, these converted prices are approximate and the exact conversion may differ according o the relevant exchange rate at the time of purchase. Charges will be made in New Zealand dollars and converted to the relevant currency at the time of charging. All prices are correct at time of publication. However, we reserve the right to alter prices at any time.
We accept American Express, MasterCard and Visa as payment through our website, as well as transfers via PayPal. Our checkout pages are securely served and encrypted using SSL. Credit Cards are verified in real time using the Paypal Payment Express Payment Gateway. The name that will appear on your statement will be 'Opus Fresh'.
Your credit card details do not get processed or transmitted through our website; all transactions are processed via a totally secure payment service provider. We use the Paypal Payment Express Payment Gateway to provide this service and to host and manage the payments page. All transaction sessions are stored and processed in encrypted strings. Your credit card details are not held by us and cannot be accessed by our staff.
We guarantee all of our products against manufacturing and material faults. This guarantee is applicable for the fair and reasonable life of the garment. If issues arrive through general wear and tear, the garment will be assessed as per clause 6 above.
5. INTELLECTUAL PROPERTY
Unless otherwise stated, this website and its contents are subject to copyright. You may use, copy and print parts of this website solely for your personal, non-commercial use. Except as permitted by the Copyright Act you must not reproduce, distribute, modify, display or publish this website or any of its contents, without our prior written consent.
The website contains trademarks. The use and reproduction of these trademarks is strictly prohibited without our prior written consent.
6. LIMITATION OF LIABILITY
Except to the extent of written warranties given by us to you, all warranties and representations in respect of goods sold or services supplied are excluded, including (to the extent permitted by law) those expressed or implied by law.
Our total liability under any warranty for defective or damaged goods supplied by us, or in relation to services is limited at our option to either;
a) replacing or repairing the defective or damaged goods; or
b) refunding the price of the defective or damaged goods.
Any goods returned to us must be returned freight paid. You can claim for any reasonable freight charges for defective or damaged goods. Where we elect to repair defective goods, we will use all reasonable endeavours to repair the goods as soon as possible, but will not be liable for any delay in completing the repairs.
If the Consumer Guarantees Act (CGA) applies, these terms and conditions shall be read subject to your rights under the CGA provided that if you are acquiring goods or services for business purposes the CGA shall not apply.
Unless expressly agreed in these terms and conditions neither the owner of this website nor its affiliates, directors, officers, employees, agents, contractors, successors or assignees will be liable for any damages whatsoever arising out of, or in any way related to, the use of this website and any third party websites linked to this website. This limitation applies to direct, indirect, consequential, special, and punitive or other damages you or others may suffer, as well as damages for loss of profits, business interruption or the loss of data or information.
We cannot guarantee that any file or program available for download and/or execution from or via this website is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all programs and files on this website, and you release us entirely from all responsibility for any consequences of its use.
7. GOVERNING LAW
These terms and conditions will be interpreted in accordance with and governed by the laws of New Zealand and the New Zealand courts will have exclusive jurisdiction in respect of any dispute.